--- Forwarded Message from James Hogg <[log in to unmask]> ---

>Date: Tue, 12 Oct 2004 09:57:27 -0400
>From: James Hogg <[log in to unmask]>
>Subject: Re: #7665 Quitting Chinese Now Greatly Reduces Serious Risks to Your
Health
>In-reply-to: <[log in to unmask]>
>To: Language Learning and Technology International Information Forum
<[log in to unmask]>
>References: <[log in to unmask]>

This is very interesting. The disclaimer is not for Chinese, Spanish or
any specific textbook, but rather for their entire corporation.
McGraw-Hill has been a tremendous backer of the "Leave No Child Behind"
act. They are earnestly preparing materials for teachers to "teach for
the test." I think this protects them from much larger law suits when
schools become disqualified for federal education money after buying
hook line and sinker into McGraw-Hill's education solutions.

http://www.trelease-on-reading.com/whatsnu_bush-mcgraw.html

Its not about educating its about testing and who will not be held
accountable.

Jim


On Oct 8, 2004, at 4:09 PM, LLTI-Editor wrote:

> --- Forwarded Message from Judy Shoaf <[log in to unmask]> ---
>
>> Date: Thu, 07 Oct 2004 17:28:35 -0400
>> From: Judy Shoaf <[log in to unmask]>
>> User-Agent: Mozilla/5.0 (Windows; U; WinNT4.0; en-US; rv:1.3)
>> Gecko/20030312
>> To: Language Learning and Technology International Information Forum
> <[log in to unmask]>
>> Subject: Quitting Chinese Now Greatly Reduces Serious Risks to Your
>> Health
>> References: <[log in to unmask]>
>> In-Reply-To: <[log in to unmask]>
>
>
> Ed Dente cites the following CD license clause:
>
>> "Licensee shall indemnify, hold harmless and defend Princeton, its
>> trustees, officers, employees, students, and agents against any and
>> all
>> claims, suits, losses, liabilities, damages, costs, fees and expenses
>> (including reasonable attorneys' fees) resulting out of the exercise
>> of
>> this License. (following emphasis mine): THIS INDEMNIFICATION SHALL
>> INCLUDE, BUT IS NOT LIMITED TO, ANY AND ALL CLAIMS FOR WHICH EITHER
>> PARTY IS ALLEGED OR TO HAVE BEEN WHOLLY OR PARTIALLY NEGLIGENT."
>
> This is fascinating! There is a note which McGraw-Hill asks to have
> posted with the audio files for its language textbooks, and which I
> suppose is included on their own copies of their Material:
> ___________________________________________
> McGraw-Hill makes no representations or warranties as to the accuracy
> of
> any information contained in the McGraw-Hill Material, including any
> warranties of merchantability or fitness for a particular purpose. In
> no
> event shall McGraw-Hill have any liability to any party for special,
> incidental, tort, or consequential damages arising out of or in
> connection with the McGraw-Hill  Material, even if McGraw-Hill has been
> advised of the possibility of such damage.
> ___________________________________________
>
> I think the point is that you can't sue the company if you don't learn
> Spanish from their Spanish textbook. They do not warranty the fitness
> of
> the textbook for the particular purpose of learning the subject. That's
> all I can think of.
>
> Who would sue Princeton as a result of getting access to their Chinese
> course? Presumably a student who flunked Chinese. And they might have a
> case, if they got a defective CD or one that wouldn't play properly--or
> was supposed to be available online but wasn't at the crucial moment,
> which would be the Licensee's negligence.
>
> Perhaps there have been such suits...? Or perhaps the lawyers have
> thought there might be? I can see a distant possibility for such a suit
> if the student was provided with a defective or badly engineered
> electronic textbook (I went to study for the final and found I could no
> longer access the first five chapters...).
>
> Judy Shoaf
>